When any common carrier shall charge more than the legal rate of transportation applying to any goods, commodities, livestock or any other kind of property, as shown by any rates fixed by law or by the tariffs filed with and approved by the Public Service Commission or, in the case of interstate transportation, by the Interstate Commerce Commission, as required by law, the consignee or owner and holder of a bill of lading, or the owner of such property transported, who may have paid such illegal charge shall have the right to recover in any court of competent jurisdiction any such amount as may have been paid in excess of the legal rate applying to such property and such person shall not be defeated of a recovery on account of the fact that such payment may have been made voluntarily. But no actions shall be maintained hereunder until after thirty days from demand upon such common carrier for the repayment of such excess charges.